Congress’s choice to issue educational loan relief on the effective use of an obscure and indeterminate standard has shown to be difficult for many and varied reasons.

It really is recognized there is “a unpleasant disconnect between your initial intent behind the student-loan system to democratize United states advanced schooling therefore the financial policies which can be essential to guarantee system solvency and protect borrowers from enslaving financial obligation and unavoidable default. ” 30 Robert C. Cloud & Richard Fossey, Facing the learning student Debt Crisis: Restoring the Integrity associated with Federal scholar Loan Program, 40 J. C. & U. L. 467, 496 (2014). The hardship that is undue when you look at the exceptions to discharge supply associated with the Bankruptcy Code has additionally been deemed “unworkable” as a result of exactly exactly exactly how inconsistent email address details are whenever judges use the exclusion. 31 Milligan, supra note 5, at 254. Inconsistent judicial determinations of undue difficulty are problematic due to the real method they undermine the uniformity and effectiveness of bankruptcy legislation. 32 Nat’l Bankr. Rev. Comm’n: The second two decades: last Report, 1.4.5, chapter 5 (1997) (saying that bankruptcy legislation should treat debtors uniformly)).

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